Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness. California law, however, is broader than federal law on this point. California prohibits the purchase or possession of firearms by any person who:

  • Has been convicted of a felony, or is addicted to narcotic drugs;1
  • Has been convicted of specified crimes, both felonies and misdemeanors, relating to violence or the unlawful use of firearms. (People convicted of these specified misdemeanor offenses are generally prohibited from purchasing or possessing firearms for 10 years after conviction.);2
  • As an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm;3
  • Is adjudged a ward of the juvenile court because the person committed an offense involving violence, drugs or firearms (including the carrying of a concealed firearm, the carrying of a loaded firearm in public or the possession of a firearm in a vehicle, regardless of whether the firearm was concealed or loaded). The prohibition stays in effect only until the person reaches age 30;4
  • Knows he or she is subject to a protective order, restraining order, temporary restraining order or injunction issued by a court pursuant to state law (see the section entitled Domestic Violence & Firearms in California for further information);5 or

Any person who is prohibited from owning or possessing firearms pursuant to California law or other law, may transfer any firearm of which he or she is the owner to a licensed firearms dealer for storage during the duration of the prohibition. A dealer may charge the owner a fee for storage and must notify the California Department of Justice of the date that the dealer took possession of any firearms that are acquired in this manner.6

Under California law, a person over the age of 18 who shares a residence with another individual who the person knows or has reason to know is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, commits a misdemeanor by keeping a firearm that he or she owns in the shared residence, unless any of the following apply:

  • The firearm is maintained within a locked container;
  • The firearm is disabled by a firearm safety device;
  • The firearm is maintained within a locked gun safe;
  • The firearm is maintained within a locked trunk;
  • The firearm is locked with a locking device, which has rendered the firearm inoperable; or
  • The firearm is carried on the person or within close enough proximity that the individual can readily retrieve and use it as it it were carried on the person.7

For more information on safe storage laws involving prohibited persons, see the section entitled Child Access Prevention in California.

See our Prohibited Purchasers policy summary for a comprehensive discussion of this issue.

For information on the background check process used to enforce these provisions, see the section entitled Background Checks in California.

Notes
  1. Cal. Penal Code § 29800(a). ⤴︎
  2. Cal. Penal Code §§ 23515, 29800(a), 29805, 29900-29905. ⤴︎
  3. Cal. Penal Code § 29815. ⤴︎
  4. Cal. Penal Code § 29820. ⤴︎
  5. Cal. Penal Code § 29825(a), (b) (referencing Cal. Civ. Proc. Code §§ 527.6, 527.8, 527.85, Cal. Fam. Code § 6218, Cal. Penal Code §§ 136.2 or 646.91, and Cal. Welf. & Inst. Code § 15657.03). ⤴︎
  6. Cal. Penal Code § 29830. ⤴︎
  7. Cal. Penal Code § 25135. ⤴︎